Caution for possession of cannabis. Entry into USA?

Big_Tree

jpsartre wrote: »

Indeed but he was not arrested or convicted for it, which is what the question asks. The correct answer to the question in the OP's (or his son's) case is no.

The question that is asked in the form is as follows;

: “Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance;

there are 2 questions in that question

Have you ever been arrested or convicted for an offense or crime involving moral turpitude? NO


or a violation related to a controlled substance? YES (a caution for possession of a controlled substance)

benjus

BigJockKnew wrote: »

The question that is asked in the form is as follows;

: “Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance;

there are 2 questions in that question

Have you ever been arrested or convicted for an offense or crime involving moral turpitude? NO


or a violation related to a controlled substance? YES (a caution for possession of a controlled substance)

Well that's one (wrong, IMO) way to interpret it. You could also interpret it as:

Have you ever been arrested or convicted for an offense or crime involving:

• moral turpitude
• a violation related to a controlled substance

The Nigella case is probably not a good example. She admitted it in the international spotlight, and her influential ex probably made sure that US immigration was aware of it ahead of her trip. Ultimately immigration officers in any country except your own have no obligation to let you enter the country, and don't have to give a reason for refusal. So even though she met the conditions for an ESTA, she was still refused entry.

photome

BigJockKnew wrote: »

The question that is asked in the form is as follows;

: “Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance;

there are 2 questions in that question

Have you ever been arrested or convicted for an offense or crime involving moral turpitude? NO


or a violation related to a controlled substance? YES (a caution for possession of a controlled substance)

thats one question and the answer is no.

richardw

Isn't the question

Have you ever been arrested or convicted for an offense or crime involving ...... a violation related to a controlled substance?

benjus

richardw wrote: »

Isn't the question

Have you ever been arrested or convicted for an offense or crime involving ...... a violation related to a controlled substance?

If you accept that is indeed the question, the answer should be "no" as a caution is not a conviction or an arrest. BigJockKnew has been arguing that the question should be interpreted differently, such that it's not specifically asking about arrests and convictions; if you accept this argument (which I don't) the answer should be "yes".

jpsartre

BigJockKnew wrote: »

The question that is asked in the form is as follows;

: “Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance;

there are 2 questions in that question

No, there's obviously only one. On your interpretation they are asking if you have ever been a violation! For your interpretation to work the question should have been: Have you ever been arrested or convicted for an offense or crime involving moral turpitude or committed a violation related to a controlled substance. That's not what's asked so your interpretation is wrong.

Big_Tree

jpsartre wrote: »

No, there's obviously only one. On your interpretation they are asking if you have ever been a violation! For your interpretation to work the question should have been: Have you ever been arrested or convicted for an offense or crime involving moral turpitude or committed a violation related to a controlled substance. That's not what's asked so your interpretation is wrong.

You're quite right..........

apologies to all...........

Looks like I should have gone to Specsavers Doh!

twig1_2

A caution is an alternative to a prosecuction it is as a result of being arrested and charged with an offense and is given after someone has admitted the offense they have been charged with. So yes he has been arrested and he has a criminal record but no conviction. Drug related offenses are taken very seriously by the Americans. Don't know whether they have access to our records but a caution will definatley show up on a criminal record check .
http://en.wikipedia.org/wiki/Police_caution

adouglasmhor

BigJockKnew wrote: »

He won't be allowed in...........

Nigella Lawson was barred because she admitted that she had taken drugs....

She was refused entry but not barred, as she now has permission to enter.

John259

BigJockKnew wrote: »

You're quite right..........

apologies to all...........

Looks like I should have gone to Specsavers Doh!

Good man. Not many people on forums admit when they're wrong, they usually just keep on arguing. You are to be complimented.